16.2.2013   

EN

Official Journal of the European Union

C 46/15


Action brought on 27 November 2012 — European Commission v Republic of Poland

(Case C-544/12)

2013/C 46/28

Language of the case: Polish

Parties

Applicant: European Commission (represented by: P. Hetsch, K. Simonsson and J. Hottiaux, acting as Agents)

Defendant: Republic of Poland

Form of order sought

declare that, by failing to adopt all the laws, regulations and administrative provisions necessary to comply with Directive 2009/12/EC of the European Parliament and of the Council of 11 March 2009 on airport charges (1) and in any event by not notifying the Commission of such provisions, the Republic of Poland has failed to fulfil its obligations under Articles 1, 6(2), 7, 8, 9 and 13 of that directive;

impose upon the Republic of Poland, in accordance with Article 260(3) TFEU, a penalty payment for failure to fulfil its obligation to notify measures transposing Directive 2009/12/EC at the daily rate of EUR 75 002,88 from the day on which judgment is delivered in the present case;

order the Republic of Poland to pay the costs.

Pleas in law and main arguments

The period for transposing Directive 2009/12/EC expired on 15 March 2011.


(1)  OJ 2009 L 70, p. 11.